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(영문) 전주지방법원 군산지원 2018.11.28 2018고단1068

교통사고처리특례법위반(치사)

Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a CP car.

On July 24, 2018, the Defendant driven the above car at around 06:52, and turned to the left at an unfest speed, depending on one-lane between the two-lanes in the direction of the apartment and the two-lanes in the direction of the city in the direction of the apartment.

Since there is an intersection where signal lights are installed, the defendant engaged in driving service has a duty of care to operate the steering and steering system in a safe manner by accurately manipulating the steering direction and operating the system in a manner that well sees the steering direction and steering system.

Nevertheless, the Defendant neglected to make a left turn on the red flab, caused the victim's bicycle front wheel part of the victim's D (79C) driving, which was proceeding in accordance with the normal new code in the direction of apartment apartment, from the direction of the vice head of the Maed Terminal with modern mett, to go beyond the floor, by taking the front wheel part of the victim's driving's car's front flab.

Ultimately, the Defendant caused the victim’s death by occupational negligence as above, by pressure on brain pressure, etc. at the former North Korean University Hospital located in the 20-ro, Young-gu, Seoul Special Metropolitan City on August 2, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition of a traffic accident, on-site photographs of a traffic accident,

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The error is divided and reflected.

The bereaved family members of the victim do not want to be punished by the defendant by agreement with the bereaved family members.

It is an initial crime without any criminal record.

Unfavorable circumstances: Negligence by violating the signal is very serious.

That is the death of the victim.